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06-18-96 BZA Minutes I I I 1429 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals June 18, 1996 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 18, 1996 in the Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Herb Polachek called the meeting to order at 7pm. Those present were: Chair Herb Polachek, Members Mahlon Swedberg, Mike Sell, Robert Shaffer, and Planning Commission representative Paula Pentel. Also present were Staff Liaison Mark Grimes and Recording Secretary Mary Dold. I. Approval of Minutes - May 14,1996 MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the minutes of the May 14, 1996 minutes as presented. The Board discussed the attached amended By-Laws noting that the meeting date had been changed to the 4th Tuesday of the month which would make the scheduled July 9 meeting illegal. Therefore, the Board agreed to make a motion to change the July meeting from the 4th Tuesday to the 2nd Tuesday of the month. MOVED by Swedberg, seconded by Sell and motion passed unanimously changing the July meeting from the 4th Tuesday of the month to the 2nd Tuesday of the month. II. The Petitions are: 920 Toledo Avenue North (96-6-12) Mr. ~nd Mrs. Melvin Fishman Request: Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback -- 15 feet off required 35.6 feet to a distance of 20.3 feet; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- City Code states that all accessory buildings are to be located to the rear of the house with at least 10 feet of separation between the main building and accessory building and no less than 5 feet distance from any lot boundary line that is not a front or street line. Purpose: To bring the house into conformance and allow the accessory build- ing to remain in the front yard. Chair Polachek read the requested waivers and asked the applicants if they had any comments. Mr. and Mrs. Fishman were present. Mrs. Fishman talked about their property being pie-shape and sloped making it difficult to place a shed anywhere except the current location close to the street. Member Pentel noted that the Fishman's did get a current survey. She said that due to the location of the house facing Toledo, the Fishman's would have the understanding that the shed was placed in the side yard. 1430 Minutes of the Board of Zoning Appeals June 18, 1996 Page Two I Member Swedberg commented that the lot is less palatable because of the irregular shape. He said that the real issue, when the Fishman's appeared before the Board in September 1995, were the setback issues with the shed. The Fishman's refused to furnish the Board with a current survey so it was impossible to determine exactly where the shed was placed. The current survey reveals that the shed is more than the required 5 feet from the side property line but only 18 feet off of Angelo Drive. MOVED by Swedberg, seconded by Sell and motion carried unanimously to approve a waiver from Section 11.21, Subd. 7(B) rear yard setback of 15.3 feet off the required 35.6 feet to a distance of 20.3 feet for the existing house, and Subd. 12 accessory buildings to allow the shed to remain in the front yard with a front yard setback variance of 17 feet off the required 35 feet to a distance of 18 feet. 401 Winnetka Avenue South (96-6-13) Troy Davis. . Request: Waiver of Section 11.21, Subd. 7 (A) Front Yard Setback -- 8 feet off the required 35 feet to a distance of 27 feet for the existing house; and Waiver of Section 11.21, Subd. 12. Accessory Buildings -- City Code states that all accessory buildings are to be located to the rear of the house with at least 10 feet of separation between the main building and accessory build- I ing and no less than 5 feet distance from any lot boundary line that is not a front or street line. The variances are for the two sheds which sit along the south property line. The front shed is located .01 feet from the side. property line and 34 feet from the front property line. The second shed sits 3.2 feet from the south property line. Purpose: To make the house legally nonconforming and allow the two sheds to . remain where presently located. Chair Polachek read the waiver requests. Staff reviewed each variance request per the applicant's request. Mr. Davis was present. He talked about the work he had done on his lot, his desire to have the sheds remain where they are presently located and fencing along the front (Winnetka Avenue side) from the house to the front shed. In his opinion, the fencing would hide the area beside the house where the sheds. Member Swedberg asked the applicant if he had done any measuring before constructing the sheds and the applicant answered he had not. Member Swedberg also asked the applicant about the materials being stored outside near the sheds. Mr. Davis explained his line of work and some of the studs are brought back from a job and stored near the sheds until needed. Member Shaffer asked Mr. Davis about the proposed car port which is on his hand drawing. Mr. Davis commented that his intent is to add to the existing garage, making it a three-stall garage, I which would be a better selling point when he sells the house. I I I 1431. Minutes of the Board of Zoning Appeals June 18, 1996 Page Three Members Sell and Swedberg told the applicant that the variances he is requesting would stay with the property and that if he sold the property the sheds could remain next to the property line forever. Mr. Davis commented that he would probably take the front shed with him because it stores his Corvette. Member Sell asked about storing the Corvette in the garage which is two-stalls with a 10 foot garage door. Mr. Davis said that his garage is used for other items and would not be able to stored the Corvette there. Member Shaffer commented that when he visited the site the first thing he noticed was the shed in the front yard and then the house. Member Pentel said that she had no problem with leaving the second shed, closest to the back yard, where it was presently located, but had a problem with the front shed. She also commented on the fact that the fence was acting as one of the walls for the shed which houses the Corvette. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve waiver of Section 11.21, Subd. 7(A) front yard setback for 8 feet off the required 35 feet to a distance of 27 feet which would make the existing house legally non-conforming. The second part of the motion allows the shed nearest the back yard to remain, noting a waiver of Section 11.21, Subd. 12 which states that accessory buildings should be located wholly to rear of a main structure and no less than 5 feet distance from any lot boundary line that is not a front or street line. This shed needs a side yard variance of 1.8 feet off the required 5 feet to a distance of3.2 feet. The front shed, closest to Winnetka Avenue will need to be moved to a conforming location on the property or removed from the property no later than November 1, 1996. 2440 Cavell Avenue North (96-6-14) Thomas and Charlotte Tripet Request: Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- 1 foot off the required 15 feet to a distance of 14 feet. Purpose: To make the house legally non-conforming so a conforming deck can be constructed onto the rear of the house. Chair Polachek read the waiver request. Mrs. Tripetwas present to answer any questions and commented that her narrative stated the reasons for the request. Staff noted that this was a very straight forward request. MOVED by Sell, seconded by Shaffer and motion carried unanimously to approve the requested waiver of variance from Section 11.21, Subd. 7(C)(1) Side Yard Setback for 1 foot off the required 15 feet to a distance of 14 feet. 1.432 Minutes of the Board of Zoning Appeals June 18, 1996 Page Four 300 Sunnyridge Lane (96-6-15) Mr. and Mrs. Thomas E. Reid I Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- .6 feet of the required 35 feet to a distance of 34.4 feet for the existing house on Sunnyridge Lane and 23 feet off the required 35 feet to a distance of 12 feet for the existing house on Poplar Drive; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 8 feet off required 12 feet to a distance of 4 feet for a proposed garage addition; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- City Code states that all accessory buildings are to be located wholly to the rear of the house or main building to which it is incidental with at least 10 feet of separation between the main building and accessory building. A variance is needed for the existing shed, which sits against the back of the existing garage. Purpose: To make the house and shed legally nonconforming so a legally noncon- forming garage addition can be constructed onto the existing garage. Chair Polachek read the waiver requests. Mr. and Mrs. Reid were present. Mr. Reid explained I the reason for their request for a garage addition. They would like to park both their vehicles in a garage and because of recent health problems desires more room to get in and out of the car . Mr. Reid gave a brief history of the lot and area. He said that the shed behind the garage is secluded and is used for storage for basic items. Clarence Johnson, 308 Sunnyridge Lane, asked the Board to not grant the variance for 4 feet from the side property line. Mr. Johnson feels that this will decrease the value of his property and may make it difficult to sell the home with a garage so close to the property line. Member Pentel asked if the garage addition would blend in considering that the existing house and garage are constructed from field stone and may be difficult to match. Mr. Reid said that he believes that it will not be difficult to blend the materials and would be willing to work with the Mr. Johnson on the materials to be used. John Bertleson, nephew of Mr. Johnson argued against the addition believing that it will be more imposing than the applicant believes. Member Swedberg talked about houses with one-car garages. The Board has viewed proposals for expansion of two-car garages with more care, noting that a two-car garage is more attractive when trying to sell a home. Member Swedberg also talked about Mr. Reid not storing anything outside next to the garage I addition. Mr. Reid said that he would be constructing an attractive walkway between the garage and the property line, and would not have any storage in this area. I I I 1.433 Minutes of the Board of Zoning Appeals June 18, 1996 Page Five Member Shaffer suggested moving the front of the garage back about a 1-1/2 feet to help break up the look of the old and new field stone being used. He said this would ease the front mass and be more pleasant to the eye. MOVED by Sell, seconded by Swedberg and motion carried unanimously to approve waivers from Section 11.21 as follows: 1) Subd. 7(A) front yard setback for .6 feet off the required 35 feet to a distance of 34.4 feet for the existing house facing Sunnyridge Lane and 23 feet off the required 35 feet to a distance of 12 feet for the existing house on Poplar Drive; 2) Subd. 7(C)(2) side yard setback of 4 feet off the required 12 feet to a distance of 8 feet to allow for the construction of a garage addition on the north side, and 3) Subd. 12 accessory buildings which allows the existing shed to remain against the back wall of the existing garage. 1230 Angelo Drive (96-6-16) Marshall Tanick and C~thy Gorlin Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 11.36 feet off the required 35 feet to a distance of 33.64 feet for the existing house; and Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- .28 feet off the required 15 feet to a distance of 14.72 feet for the existing house; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- City Code states that all accessory buildings are to be located to the rear of the house with at least 10 feet of separation between the main building and accessory building and no less than 5 feet distance from any lot boundary line that is not a front or street line. The request is for 2 feet off the required 5 feet to a distance of 3 feet to the south property line for the shed and 3.5 feet off the required 5 feet to a distance of 1.5 feet for the existing pump-house; and Waiver of Section 11.65, Subd. 5(A) Zoning Provisions -- Structure setback from a high water mark is 75 feet. The request is for 75 feet off the required 75 feet to a distance of 0 feet for the existing shed which sits along the wooden retaining wall on Sweeney Lake. Purpose: To bring the lot into conformity so a conforming addition can be constructed onto the east side of the house. Chair Polachek asked staff for any comments. Staff Liaison Grimes said that the request for variances were minor. The proposed structure would be conforming and the nonconformities were due to the small shed and pump-house located near Sweeney Lake. Mr. Grimes also commented that staff had sent a notice to the DNR regarding the request. Mr. Tom Hovey, from the DNR, called staff to comment about the waiver of setback from the high water mark. Mr. Hovey said that the DNR would go along with the City's decision about the shed and pump-house; the DNR is taking a less stringent approach regarding small sheds for storage of boat items. The applicant, Cathy Gorlin, was present to answer any questions. She passed out pictures of the back yard to the Board members for review. The Board had no questions. 1434 Minutes of the Board of Zoning Appeals June 18, 1996 Page Six I Chair Swedberg asked the applicant to provide the City with a "hold harmless" letter which says that the City will be held harmless of any liability concerning the shed located lakeside on the property located at 1230 Angelo Drive. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the above waivers as stated and that the property owners supply the City will a "hold harmless" letter of any liability regarding the shed located lakeside. 5218 St. Croix Avenue North (96-6-17) Gary F. Johnson Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- .66 feet off the required 35 feet to a distance of 34.34 feet for the existing house; and Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 12.4 feet off the required 35 feet to a distance of 22.6 feet for the proposed garage addition. To allow for the construction of a tuck-under one-stall garage addition onto the existing garage and for the construction of a deck above the tuck-under garage. Chair Polachek asked Staff Liaison Grimes if he had any comments. Mr. Grimes briefly reviewed I the request stating that this was a unique lot because of streets located on 2 of the 3 sides. The applicant, Gary Johnson, was present and made no comments. Purpose: Member Swedberg agreed with staff about the unique shape of the lot and commented that only one neighbor could be affected by this construction, but unlikely. MOVED by Swedberg, seconded by Sell and motion carried unanimously to approve waivers from Section 11.21, Subd 7(A) for the following front yard setbacks: 1) .66 feet off the required 35 feet to a distance of 34.34 feet for the existing house, and 2) 12.4 feet off the required 35 feet to a distance of 22.6 feet for the proposed garage addition. 4910 33rd Avenue North (96-6-18) David Q. Hornor Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 3 feet off the required 35 feet to a distance of 32 feet for the existing house; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- City Code states that all accessory buildings are to be located to the rear of the house with at least 10 feet of separation between the main building and accessory building and no less than 5 feet distance from any lot boundary line that is I not a front or street line. The existing garage is located 3.3 feet from the house; and I I I 1.435 Minutes of the Board of Zoning Appeals June 18, 1996 Page Seven Waiver of Section 11.90, Subd. 2 Nonconforming Uses -- City Code states that a nonconforming use shall not be enlarged, expanded, extended, or otherwise altered in scope, character, or in physical dimensions. The applicant is proposing to raise the roof line to allow for a bedroom-loft addition. Purpose: To make the lot legally nonconforming so an upper level addition may be added to the house. Chair Polachek asked staff for any comments. Staff Liaison Mark Grimes said that this was a very straight forward request. Member Shaffer asked staff about the connection between the house and garage and does this not constitute an attached garage. Staff Liaison Grimes said that the small extension from the house to the garage would not make these two structures attached, thereby requiring the applicant to obtain a variance from Section 11.21, Subd. 12. Mr. and Mrs. Stanley Trost were present at this meeting. They are the neighbors to the east of the Hornor residence. They were interested in the construction of the upper level and do not object to the proposed construction. MOVED by Pentel, seconded by Swedberg and motion carried unanimously to approve the above waivers as stated. 2515 McNair Drive (96-6-19) Doug Marsh Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 8 feet off the required 35 feet to a distance of 27 feet for a proposed enclosed entrance; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 5.35 feet off the required 11.20 feet to a distance of 5.85 feet for the existing house; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 6.7 feet off the required 11.20 feet to a distance of 4.5 feet for the proposed addition; and Waiver of Section 11.90, Subd. 2 Nonconforming Uses -- City Code states that a nonconforming use shall not be enlarged, expanded, extended, or otherwise altered in scope, character, or in physical dimensions. The applicant is proposing to raise the roof 5 to 6 feet to allow for an upper level living area. Purpose: To bring the lot into conformance and to allow for the construction of an addition onto the rear, front and upper portion of the existing house. Chair Polachek asked Staff Liaison Grimes if he had any comments. Mr. Grimes commented that the Board had reviewed most of this request three years ago and approved the waivers. The applicant, Mr. Marsh, commented that his financing fell through and he was unable to proceed 1436 Minutes of the Board of Zoning Appeals June 18, 1996 Page Eight with the construction at the time the previous waivers were granted. Staff Liaison Grimes also reviewed the requests stating that staff did not address the waiver on the north side with any of the four previous variance requests and is now doing so. The additions to the request from three years ago would be the addition of a conforming deck onto the rear proposed addition and the front entrance addition. Mr. Grimes asked the applicant to bring in the signatures of those neighbors to either side of his house and to the front that would be affected by the front entrance. He requested this form because the applicant added on the front entrance addition after he had originally talked with the neighbors. Staff wanted to make sure that the neighbors were aware of this front addition. I Member Swedberg, Sell and the applicant discussed the footage of the front entrance and the size of the door ways. MOVED by Sell, seconded by Pentel and motion carried unanimously to approve the above noted waiver requests as stated and have the applicant have his neighbors on either side of his house and directly across the street sign-off on a form which notes the front entrance addition. III. Other Business No other business was discussed. V. Adjournment Chair Polachek adjourned the meeting at 8:35pm. ~~ Herb Polachek, Chair Mark Grimes, Staff Liaison I I I